Harbour Empowerment Order meaning

A Harbour Empowerment Order (HEO) is the consent used in practice to create and operate a new harbour, conferring statutory harbour authority powers on the promoter where none previously existed. It is provided for in the Harbours Act 1964 and is distinct from a Harbour Revision Order (which updates an existing harbour’s powers). An HEO typically authorises the construction and maintenance of harbour works, the regulation and management of the harbour, the levying of harbour dues, byelaw‑making, protective provisions for third parties, and, where required, compulsory acquisition of land or rights. It is made by the appropriate national authority (Secretary of State, Scottish Ministers or Welsh Ministers, as applicable) following public consultation and, where relevant, environmental assessment; in England the Marine Management Organisation administers the process on the Secretary of State’s behalf. HEOs are commonly sought by companies, local authorities and port developers for new ports, terminals or marinas and usually sit alongside separate planning and marine licensing consents. Usage is broadly consistent across Great Britain. In Northern Ireland and in Ireland, comparable consents for harbour development exist under different statutory regimes, and the specific term Harbour Empowerment Order is not generally used.